Jan 27, 2013 10:00am PST
, blocking george w. bush. george w. bush never challenged this. >> correct and, in fact, george w. bush's lawyers wrote recently in the newspapers, that this is presidential power, the constitution gives the president the power to make recess appointments. >> chris: juan, i want to -- >> that is not in dispute. what is in dispute here, is whether the senate was actually in recess and the question comes, who gets to decide whether the senate is in recess? the senate? or the president? >> a sham... >> and, in the broader context, there are things -- >> -- things done during that -- >> they weren't in town, they could not consider the nomination because they were not here. >> but it in broader context, the more interesting aspect of the ruling was them dialing it way, way back and saying, in fact if you look at the constitution, you can't even, if you are a president, hold out the recess appointments, and, then make them finally put them forward when senate is in recess. the recess actually has to happen while the senate is -- >> in the little bit of time left, what do you think of the republican ar
Jan 21, 2013 8:00am PST
minutes. apologies. >> reporter: no apology, shep. george her members walker bush and george w. bush. the first president bush suffering from respiratory illness. is now back at home. george w. bush, current predecessor chose to send their regrets. having said that we shouldn't overemphasize or even suggest that partisan gridlock is a negative. our system. in fact the founders were deliberate in their attempt to check power by making sure we had checks and balances. by dividing the powers between our government so that no president could become a dictator. no president could become a monarch. so no member of congress could be left without plenty of colleagues and staffers and oversight from. one thing for sure the very fruition what the founders intended the government stays small and by the people. shepard: carl, thanks. first order of the day is lunch as we approach the top of the hour. it is 1:00 on the east coast, 10:00 a.m. on the west coast, this is fox and my network's continuing coverage of the inauguration of the 44th president of the united states for the second term in office.